Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Fire insurance claim after burglary and fire-insurer can't deny coverage; repudiation set aside and loss reassessment ordered.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Issue was whether a fire insurance policy could be repudiated on the ground that burglary/theft preceded and allegedly caused the fire. The Court held that where loss is attributable to fire and there is no plea or proof of wilful act, foul play, or fraud by the insured, the cause of the fire is immaterial for coverage. Theft/burglary was not an exclusion under the specified peril of "Fire", and exclusions must be strictly construed; an exclusion under another clause could not defeat liability for an independently covered peril. The repudiation letter and the rejection order were set aside, and the matter was remitted for assessment of loss. - SC....